Thane: The Thane Motor Accident Claims Tribunal (MACT) has awarded a compensation of Rs 23.45 lakh to a Mumbra-based couple who lost their 18-year-old son in a road accident in 2021. The tribunal has directed the insurance company to initially pay the awarded amount to the deceased’s family and thereafter recover the sum from the owner of the offending vehicle, if so advised.
Parents Approach Tribunal
The claimants, Bhima and Devibai Jadhav, had approached the tribunal seeking compensation following the death of their son, who succumbed to injuries sustained in the accident.
Driver Held Responsible
In its order, the tribunal held the driver of the offending vehicle solely responsible for the accident, observing that the truck was being driven in a rash and negligent manner at excessive speed.
Charge-Sheet Observations
“As per the charge-sheet, the offending motor truck came in high and excessive speed and gave dash to the rear side of the motorcycle of the deceased. Due to the impact, the deceased fell down and sustained grievous injuries, to which he later succumbed. The driver of the offending motor truck ran away from the spot after the accident,” the tribunal noted.
No Contributory Negligence
The MACT further observed that the truck driver had the last opportunity to avoid the accident but failed to control the vehicle’s speed. “There is nothing on record to show any contributory negligence on the part of the deceased. Neither opponent No.1 nor opponent No.2 led any evidence to prove contributory negligence,” the tribunal said, concluding that the accident occurred solely due to the rash and negligent driving of the truck driver.
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Accident Details
According to the prosecution’s case, the accident occurred on August 17, 2021, at around 11.45 pm. The deceased was riding his motorcycle from Mumbra towards Shilphata. When he reached near Lalkilla Hotel on the Mumbra bypass road, a motor truck allegedly came from behind at high speed, without blowing the horn, and violently rammed into the motorcycle.
Teenager Succumbs Injuries
As a result of the impact, the teenager was thrown onto the road and sustained severe injuries. He was rushed to the Government Hospital in Kalwa, Thane, where doctors declared him dead before admission.
Insurer Directed To Pay
While passing the award, the tribunal directed the insurer to pay the compensation amount to the bereaved parents in the first instance, granting liberty to the insurance company to initiate recovery proceedings against the vehicle owner thereafter.
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